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In Maine, you are not legally required to take a roadside breathalyzer test during an OUI stop – but refusing carries automatic consequences under Maine’s implied consent law. If an officer asks you to blow into a breath testing device, you face a critical decision that could shape the outcome of your entire case. This article explains what happens when you refuse a breathalyzer test in Maine, the license suspension penalties you face, and whether refusal is a smart legal strategy. In our experience handling OUI cases across southern Maine courts, the right choice depends on your specific circumstances – and understanding Maine law before you are pulled over gives you a real advantage.

Webb Law Firm team of criminal defense attorneys in Maine

What Is a Breathalyzer Test During a Maine OUI Stop?

When people say “breathalyzer,” they usually mean any breath test used during an OUI stop. Under Maine law, two very different instruments exist – and the distinction matters.

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I am proud to report that this past weekend I was a Demonstration Speaker and Group Instruction Team member at the Summer Session of the National College of DUI Defense, July 26th to the 28th, hosted by Dean George Stein and held at Harvard Law School in Cambridge, Massachusetts. NCDD homepage.

The National College of DUI Defense (NCDD) is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. The Summer Session is an annual national gathering of many of the finest DUI/DWI/OUI defense lawyers who meet to teach, learn and exchange ideas about defending citizens accused of operating under the influence of alcohol and drugs.

This has been one of the highlights of my legal career. I was so honored to be asked by Dean Stein to participate and even more honored to serve. This was my first time addressing the entire college, and my third time acting as an instructor. I am always amazed at how much I learn at these sessions, especially while teaching, and how gratifying it is to help others. Thanks to the entire NCDD Family for the support.

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Saco, ME Office
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We serve clients throughout Southern Maine, including, but not limited to, those in the following localities: Androscoggin County including Auburn; Cumberland County including Bridgton, Brunswick, Cape Elizabeth, Casco, Portland, South Portland, and Westbrook; Kennebec County including Augusta, Gardiner, and Hallowell; Knox County including Camden and Rockland; Lincoln County including Boothbay Harbor and Waldoboro; Sagadahoc County including Bath; Waldo County including Belfast; York County including Biddeford, Kennebunkport, Saco, and Sanford. View More

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